IPC Section 60 and BNS Section 7: Rigorous or Simple Imprisonment
Section 60 of the Indian Penal Code, 1860 explains when a court can order imprisonment to be entirely rigorous, entirely simple, or divided between the two. Section 7 of the Bharatiya Nyaya Sanhita, 2023 carries forward this sentencing principle for offences governed by the new law.
What does IPC Section 60 provide?
Section 60, Indian Penal Code, 1860 — Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple.
In every case in which an offender is punishable with imprisonment which may be of either description, it shall be competent to the Court which sentences such offender to direct in the sentence that such imprisonment shall be wholly rigorous, or that such imprisonment shall be wholly simple, or that any part of such imprisonment shall be rigorous and the rest simple.
This provision gives the sentencing court a choice only where the punishment prescribed for the offence allows imprisonment of either description. It does not authorise the court to disregard an offence-specific statutory restriction.
Corresponding current law: BNS Section 7
Section 7 of the Bharatiya Nyaya Sanhita, 2023 is titled Sentence may be (in certain cases of imprisonment) wholly or partly rigorous or simple. It preserves the essential rule that, where imprisonment of either description is authorised, the court may specify rigorous imprisonment, simple imprisonment, or a combination.
Read Section 7 alongside BNS Section 4, which lists recognised punishments, and the specific punishment clause applicable to the offence. The BNS replaced the IPC from 1 July 2024, while BNS Section 358 addresses repeal and savings.
| Subject | IPC (earlier law) | BNS (current law) |
|---|---|---|
| Power to choose the description of imprisonment | Section 60 | Section 7 |
| Types of punishments | Section 53 | Section 4 |
| When it applies | Only when the relevant offence allows imprisonment of either description, subject to applicable law | |
Meaning of rigorous, simple and partly rigorous imprisonment
Rigorous imprisonment
Rigorous imprisonment involves imprisonment with labour, subject to prison legislation, rules, and lawful prison administration. It is not permission for unlawful or degrading treatment.
Simple imprisonment
Simple imprisonment is a custodial sentence without the compulsory hard-labour element associated with rigorous imprisonment.
Partly rigorous and partly simple imprisonment
When the offence permits either description, the court may direct that one specified portion of the sentence be rigorous and the remaining portion simple. The sentencing order should make the division clear.
Limits on judicial discretion
Section 60 IPC and Section 7 BNS do not create an independent offence, determine the length of a sentence, or permit an otherwise unlawful punishment. Courts must follow the penalty range and mandatory requirements of the particular offence, together with other applicable sentencing rules.
Practical illustrations
Example 1 — Wholly rigorous: If an offence allows imprisonment of either description and the court imposes a lawful one-year sentence, it may direct that the entire year be rigorous.
Example 2 — Wholly simple: Under the same kind of provision, the court may direct that the full one-year term be simple imprisonment.
Example 3 — Mixed sentence: Where permitted, the court may order a one-year term consisting of six months of rigorous imprisonment followed by six months of simple imprisonment.
These are illustrative sentencing structures, not predictions about a particular offence or case.
How is the rule applied in a criminal case?
The court first identifies the statute applicable to the alleged offence, then examines the punishment provision to see whether rigorous or simple imprisonment is permitted. It determines the lawful duration and specifies the description of imprisonment in the sentencing order. Questions about appeal, suspension, remission, or commutation arise under separate legal provisions and should not be confused with the power in Section 60 IPC or Section 7 BNS.
For historical IPC matters, consult the Indian Penal Code reference pages, including Section 53 on punishments and Section 57 on fractions of punishment terms.
Frequently asked questions
What is the equivalent of IPC Section 60 under BNS?
Section 7 of the Bharatiya Nyaya Sanhita, 2023 addresses a court's power to direct that imprisonment be wholly rigorous, wholly simple or partly each where either description is permitted.
Can a court combine rigorous and simple imprisonment?
Yes. Where the offence permits imprisonment of either description, the sentencing court may specify a rigorous portion and a simple portion.
Is rigorous imprisonment mandatory in every criminal case?
No. The applicable offence and sentencing provision determine whether the court can choose simple imprisonment, rigorous imprisonment or both.
Does BNS Section 7 change an existing sentence automatically?
No. It is a sentencing rule, not an automatic conversion or remission of an existing sentence. Transitional and savings provisions may matter.
Official legal sources
For the enacted legislation and any subsequent amendments or notifications, consult the following official sources:
- Bharatiya Nyaya Sanhita, 2023 (Act 45 of 2023) — official India Code PDF
- India Code — central legislation database
- Ministry of Home Affairs — new criminal laws
Legal information only; case-specific sentencing depends on the applicable offence, date, court order and current statutory provisions. Updated 28 October 2026.